RAKESH MEHTA Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) Civil Appeal No. 10908 of 2014

(2.) Appointment to the cadre of Electronic Data Processors, was also possible by promotion, subject to fulfillment of the conditions of eligibility, from the feeder cadre of JMGS-I. Some officers belonging to the JMGS-I cadre, were considered and promoted as Electronic Data Processors, at or around the same time, as the Appellants. Promotion to the Specialist Electronic Data Processors Cadre, envisaged a vertical movement from a lower cadre (JMGS-I), to a superior cadre (MMGS-II). In other words, those who were promoted to the Specialist Cadre, entered the MMGS-II, for the first time. A seniority dispute arose between the promotees from the JMGS-I, and those appointees as Electronic Data Processor, by horizontal movement (including the Appellants) from the MMGS-II. The promotees to the Specialist Cadre claimed superiority in seniority, because their date of appointment to the Specialist Cadre, preceded the date of appointment of the Appellants, to the same.

(3.) On the issue of seniority, at the relevant juncture i.e., in 1997, the prevalent provision was Regulation 18 of the Punjab & Sind Bank (Officers) Regulations, 1982 (hereinafter referred to as the '1982 Regulations'). Regulation 18 aforementioned is being reproduced hereunder: